Canadian rhapsody: Copyright law and research libraries

This article considers the ground-breaking Supreme Court of Canada decision in The Law Society of Upper Canada v CCH Canadian Limited. The matter involved legal publishers bringing an action for copyright infringement against the Law Society of Upper Canada for operating a photocopy and custom copy service at the Great Library of Osgoode Hall. The Supreme Court of Canada decision laid down important precedents in relation to originality, authorisation, and the defence of fair dealing. The ruling has been hailed as ’one of the strongest pro-user rights decisions from any high court in the world, showing what it means to do more than pay mere lip service to balance in copyright'. This decision will have important implications for the regulation of new technologies. The approach has been applied in two decisions dealing copyright law and the Internet - the Canadian Federal Court case of BMG Canada v John Doe, and the Supreme Court of Canada ’Tariff 22' case. The Supreme Court of Canada decision in The Law Society of Upper Canada v CCH Canadian Limited provides an impetus to reconsider the judicial interpretation of user rights in Australian jurisprudence.

The backwoods of our backyards : Ontario pioneers and the crisis of ecology /

Early in his landmark ecocritical book The Comedy of Survival, Joseph Meeker develops an intriguing hypothesis about human behaviour. He remarks the species Homo sapiens tend to behave like an invasive or pioneering organism, entering a bio-geographical region and aggressively outcompeting all other species for space and resources. Moreover, he suggests, human cultural traditions, at least in the West, have reinforced such behaviour, continually insisting that the impulses he describes are both necessary and right. While Meeker's work goes on to assess a number of literary works in both the tragic and comic modes, his work never fully explores this hypothesis in the context of human pioneers; that is, there is no ~xploration o( how these themes manifest themselves within our culture and what role they might play in the culture of specific pioneering groups. This project is an attempt at just such an analysis, examining the validity of Meeker's hypothesis through a case study of settler literature in Upper Canada/Ontario between the . years 1800-1867. It explores Meeker's work within three main areas: first, Chapter Two situates his book historically within the field of ecocriticism, showing what came before and the explosion of ecocritical inquiry that followed its release. This chapter also delves into the rift between the natural sciences and humanities, arguing that a move towards deeper interdisciplinarity is r:tecessary for the future. Chapter Three examines the biological and ecological ground on which Meeker rests his hypothesis through exploring evolutionary biology as well as invasive and pioneer species behaviour. Lastly, Chapter Four examines how these ecological principles are manifested in the writings of early Canadian settlers, suggesting that Meeker's hypothesis indeed finds itself on stable footing.

Military Appointment

George Ridout (1791-1871) was a member of the York volunteers during the War of 1812. He served as 3rd lieutenant in the grenadier company of the York militia, fought in the Battle of Queenston Heights, and was taken prisoner of war in April, 1813 when the Americans occupied York. Ridout studied law, and was admitted to the bar in Janurary 1813. He was an active member of the Law Society of Upper Canada, becoming a bencher in 1820, serving as treasurer for several years, and assisting in the development of the library. In 1828 he was appointed judge of the Niagara District Court and reappointed in 1832. In 1836, Sir Francis Bond Head, Lieutenant-Governor, charged Ridout with insult to the person and office of the Lieutenant Governor and disloyalty to the policies of the crown, and dismissed him from his offices. Ridout denied the charges and was eventually ordered to be reinstated by Lord Glenelg, the colonial secretary. Sir Francis Bond Head refused to do so, and instead chose to resign.

Copies of two dispatches upon the subject of the Welland Canal, 1827-1828

The material is a printed record of two dispatches sent by Sir Peregrine Maitland, Lieutenant Governor of Upper Canada to secretary of state for the colonies, the first in 1827 to Earl Bathurst, the second in 1828 to Right Hon. W. Huskisson. The dispatches concern funding for the canal as well as an introduction of William Hamilton Merritt as managing agent of the Welland Canal Company. It was the intention of the Welland Canal Company to send Mr. Merritt to England to gain further assistance from the government and private investors.

David William Smith House correspondence, 1798 [transcription]

The correspondence from D.W. [David William] Smith to President Peter Russell regarding Smith’s desire to sell a certain piece of property in Newark (now Niagara-on-the-Lake, Ont.) to be used as a location for a common grammar school. The notice gives a description of the building situated on the property as being adaptable for the use of a school. The Board of Survey convened in December 1798 to examine Smith’s property and gave an appropriate valuation of the properties and buildings Smith was offering for sale. Smith was the deputy surveyor general of lands for Upper Canada.

Gainsborough [Presbyterian] Church records, 1833-1836, 1841-1846, 1855-1857, 1860-1864, 1866 [photocopy]

The Gainsborough Presbyterian Church was organized prior to 1833, but no records were kept until this date. In 1809, the church was lead by Rev. Daniel Ward Eastman. In 1833 the church became part of the Niagara Presbytery of the American Presbyterian Church. The records include transfer of membership, records of marriages, lists of subscribers and session minutes. Photocopies from originals were made in 1977 by E. Phelps, University of Western Ontario, prior to their deposit with the United Church of Canada Archives, Toronto, Ont.

Niagara Lodges of the Loyal Orange Association of British America

The Loyal Orange Association of British America is a Protestant fraternal society. The Loyal Orange Association originated in Ulster, Ireland during the late eighteenth century. Its purpose was to promote Protestant rights and privileges. The association was exclusively Protestant, fraternal, democratic, and benevolent. Orange principles were brought to Upper Canada by Protestant Irish settlers after 1815. The first Canadian Orange Lodge was formally established in Brockville, Leeds County, 1830. By the late 19th and early 20th century, the Loyal Orange Association of British North America had gained considerable popularity and political influence. Many prominent politicians, including several prime ministers, were members. Orangemen were particularly concerned with issues such as separate school funding, language rights, immigration, religious freedom and conscription. Further, they demanded the execution of Louis Riel and opposed the Jesuits Estates settlement. Administrative sketch courtesy Archives of Ontario.

The Welland Canals Foundation, Honourable William Hamilton Merritt and the St. Catharines Historical Society and Museum, 1971-1990, n.d.

‘The Father of Canadian Transportation’ is a term commonly associated with William Hamilton Merritt. Although he is most known for being one of the driving forces behind the building of the first Welland Canal, he was many things throughout his life; a soldier, merchant, promoter, entrepreneur and politician to name a few. Born on July 3, 1793 at Bedford, Westchester County, N.Y. to Thomas Merritt and Mary Hamilton, Merritt’s family relocated to Canada shortly after in 1796. The move came after Merritt’s father petitioned John Graves Simcoe for land in Upper Canada after serving under him in the Queen’s Rangers during the American Revolution. The family quickly settled into their life at Twelve Mile Creek in St. Catharines. Merritt’s father became sheriff of Lincoln County in 1803 while Merritt began his education in mathematics and surveying. After some brief travel and further education Merritt returned to Lincoln County, in 1809 to help farm his father’s land and open a general store. While a farmer and merchant, Merritt turned his attention to military endeavours. A short time after being commissioned as a Lieutenant in the Lincoln militia, the War of 1812 broke out. Fulfilling his duty, Merritt fought in the Battle of Queenston Heights in October of 1812, and numerous small battles until the Battle of Lundy’s Lane in July 1814. It was here that Merritt was captured and held in Cheshire, Massachusetts until the war ended. Arriving back in the St. Catharines area upon his release, Merritt returned to being a merchant, as well as becoming a surveyor and mill owner. Some historians hypothesize that the need to draw water to his mill was how the idea of the Welland Canals was born. Beginning with a plan to connect the Welland River with the Twelve mile creek quickly developed into a connection between the Lakes Erie and Ontario. Its main purpose was to improve the St. Lawrence transportation system and provide a convenient way to transport goods without having to go through the Niagara Falls portage. The plan was set in motion in 1818, but most living in Queenston and Niagara were not happy with it as it would drive business away from them. Along with the opposition came financial and political restraints. Despite these factors Merritt pushed on and the Welland Canal Company was chartered by the Upper Canadian Assembly on January 19, 1824. The first sod was turned on November 30, 1824 almost a year after the initial chartering. Many difficulties arose during the building of the canal including financial, physical, and geographic restrictions. Despite the difficulties two schooners passed through the canal on November 30, 1829. Throughout the next four years continual work was done on the canal as it expended and was modified to better accommodate large ships. After his canal was underway Merritt took a more active role in the political arena, where he served in various positions throughout Upper Canada. In 1851, Merritt withdrew from the Executive Council for numerous reasons, one of which being that pubic interest had diverted from the canals to railways. Merritt tried his hand at other public works outside transportation and trade. He looked into building a lunatic asylum, worked on behalf of War of 1812 veterans, aided in building Brock’s monument, established schools, aided refugee slaves from the U.S. and tried to establish a National Archives among many other feats. He was described by some as having “policy too liberal – conceptions too vast – views too comprehensive to be comprehensible by all”, but he still made a great difference in the society in which he lived. After his great contributions, Merritt died aboard a ship in the Cornwall canal on July 5, 1862. Dictionary of Canadian Biography Online http://www.biographi.ca/EN/ShowBio.asp?BioId=38719 retrieved October 2006 Today numerous groups carry on the legacy of Merritt and the canals both in the past and present. One such group is the Welland Canals Foundation. They describe themselves as: “. . . a volunteer organization which strives to promote the importance of the present and past Welland Canals, and to preserve their history and heritage. The Foundation began in 1980 and carries on events like William Hamilton Merritt Day. The group has strongly supported the Welland Canals Parkway initiative and numerous other activities”. The Welland Canals Foundation does not work alone. They have help from other local groups such as the St. Catharines Historical Society. The Society’s main objective is to increase knowledge and appreciation of the historical aspects of St. Catharines and vicinity, such as the Welland Canals. http://www.niagara.com/~dmdorey/hssc/dec2000.html - retrieved Oct. 2006 http://www.niagara.com/~dmdorey/hssc/feb2000.html - retrieved Oct. 2006

Irish John Willson United Empire Loyalist Family Fonds

John Willson first came to Upper Canada along with his friend Nathaniel Pettit in the late 1700s. They both moved with their families from New Jersey where they had both been imprisioned for not siding with the rebels and maintaining Loyalist allegiences. Pettit arrived with his four daughters, leaving his son behind. Willson came with his wife and nine children. Willson received 1200 acres of land as well as 200 per child. He settled at the corner of Dorchester road and Thorold Stone Road, where he and his family did very well for themselves. Willson as well as his son Thomas ran ox-teams on the portage. His son John became the proprietor of the Exchange hotel at Niagara, and Charles operated at the Pavilion hotel at Falls View. Shortly after his arrival in Upper Canada John Willson changed his name to “Irish” John Willson, as there were 5 other “John Willsons” which appeared on the Loyalists lists. Irish John drowned in the Niagara River in 1798, and his family continued to thrive in Niagara after his death. His second son Thomas Willson, married Abigail Pettit, daughter of his Father’s friend Nathaniel. Thomas was awarded 250 acres of land as a Loyalist and 200 for Abigail, as she was the daughter of a loyalist. He became a blacksmith and also operated ox-teams along the portage. He was Assessor for Stamford Township for 1800, 1807, 1820 and 1829. During the years 1808, 1822, 1825, 1826 and 1831 he was a tax collector and overseer of Statute of Labour. Thomas and Abigail Willson had nine children together. Francis Bond Head Willson of Beaverdams (mentioned throughout the collection) was a great grandson of Thomas and Abigail. Thomas and his wife are both buried beside the Lundy’s Lane United Church. *for more information on the remaining Willson family please refer to box #1, folders 1-3. * Genealogical information from a paper prepared by Pearl Wilson and given before the Lundy’s Lane Historical Society, May 1945, by Hazel Culp Ferris. Box 1 Folder 1.

The Gentleman's Magazine and Historical Chronicle - 1812 December

*Pages 497-504 are duplicated. Please check both November and December for these pages listed in the Index. Specific pages related to the War of 1812 include: Page 574: Battles at Fort Michilimackinac and the Invasion of Upper Canada by the Americans on October 12, 1812. Pages 576, 577, 578: Intelligence from Major General Sir Isaac Brock with mentions of the battles of Fort Detroit, Amherstburg, etc. Click on the pdf links to the right to view the monthly issue. The Gentleman's Magazine and Historical Chronicle was a monthly periodical published in England during the years of 1736-1833. The volumes of interest from 1812-1815 were written and compiled by Sylvanus Urban, Gentleman. These volumes were printed in London by Nichols, Son and Bentley at Cicero's Head, Red Lion Passage and Fleet Street. The magazine contains accounts of important historical events, letters from noted figures, articles on geography, biographical entries for prominent people, poems, reviews of books and more.

Notice of Change in Reparation Agent- Quebec 1 May 1822

A notice of change in reparation agent between Robert Morrogh and Thomas Douglas from Quebec to Daniel Shannon in Niagara.

Letter From Sir Isaac Brock to James FitzGibbon - July 29, 1812

A two page letter written by Sir Isaac Brock in York, Upper Canada to James FitzGibbon on July 29, 1812. The name of the recipient is not included but according to Mary Agnes FitzGibbon, one can find a transcript of the letter in her "A Veteran of 1812", page 60.[1812], 29 July: Major-General Isaac Brock, York, to James FitzGibbon. I lament that you should have been so long impressed with the idea that I possessed the means of being serviceable to you. I had scarcely heard of Mr. Johnson having declined a Company in the Glengarry (which would have given me the nomination) but I received account of his being reinstated. I consequently thought no more of the business thinking that officer was enjoying the fruits of his good fortune. I know not positively whether Mr. Johnson is reinstated, but being under obligations to promote his views, I cannot possibly interfere to his prejudice. I rather wonder you did not hear that Lieut Lamont had long ago my promise of nominating him to the Company provided it became vacant, which of course would have precluded my application in your behalf. Altho you must be sensible of the impossibility of my taking any step to forward your views in the present case, yet be assured I shall always feel happy in any opportunity that may offer to do your service. To a person unaccustomed to my writing I scarcely would hazard sending this scrawl. I am, Dear Sir, Yours faithfully, Isaac Brock I should like to be among the 49th at this moment. I am satisfied they will support and even add to their former fame. They have my very best wishes. The 41st are behaving nobly at Amherstburg.

Independent Chronicle Vol. XLVI No. 2476- August 4, 1814

A semi-weekly paper that was published from 1801 to 1817. It was previously called the Independent chronicle and the universal advertiser, and was later the Independent chronicle and Boston patriot (Semiweekly). Publishers were Abijah Adams and Ebenezer Rhoades. Topics of interest in this issue include: Page 1: Proclamation from James Madison pardoning military deserters if they return to military service; announcement to officers and soldiers in the military offering reward for the return of military deserters; U.S. General W. Scott's account of the battle of Chippewa; U.S. General P. B. Porter's account of the battle of Chippewa; Major J. Hindman's account of the battle of Chippewa; news of British war ships attacking and capturing U.S. cargo ships; Page 2: news of a soldier shot for desertion; military news from Erie, Pennsylvania; New York appropriates money to pay troops and build two encampments; James Madison issues orders for state of Rhode Island to raise a militia of 500 troops; U.S. military news from Bermuda; report of the death of Capt. Parker of the U.S. ship Syren; account of the battle of Chippewa and a list of important officers wounded; report of a raft captured that was taking supplies to the British; report of U.S. General Brown being wounded in battle; list of further details of the battle of Chippewa; report of Indian attack near Champlain; news of prisoner exchange and announcement that exchanged prisoners should return to their regiments; listing of the total number of British forces in the U.S.; report of British shipwrecks; Naval news for the Port of Boston; news of various U.S. war ships; Page 4: Marshal's notice announcing a trial for members of a private American ship accused of supplying the British with provisions;

Independent Chronicle Vol. XLIV No. 3,273- August 24, 1812

A semi-weekly paper that was published from 1801 to 1817. It was previously called the Independent chronicle and the universal advertiser, and was later the Independent chronicle and Boston patriot (Semiweekly). Publishers were Abijah Adams and Ebenezer Rhoades. Topics of interest in this issue include: Page 1: notice from the U.S. War Department seeking proposals for the supply of rations to troops; essay in support of the war; U.S. Secretary of War requests that the Governor of Maryland order 350 militia into active service; statement from the Convention of Republican Delegates in New Jersey in support of the war; statement from U.S. President James Madison in support of the war; statement from Maj. Gen. Isaac Brock to residents of Upper Canada urging their support in the war; U.S. Secretary of war sends 1,500 reinforcement troops to Detroit; Page 2: account from U.S. Gen. Hull of a battle near Fort Malden and news of troops in other areas; editorial against the British alliance with the Indians; letter from a U.S. Officer describing military gains near Detroit; news of U.S. infantry marching from Forts Independence and Warren to Albany, N.Y.; Page 3: news of British cargo ships captured by U.S. ships; 2 reward notices for the return of deserters from the military; report of possible 60 day armistice ratified by James Madison; Page 4: notice to British subjects living in Massachusetts that they must report themselves to the marshall; 2 reward notices for return of deserters from the military;